J.2-A_TO_0002_Proposal_Instruction_and_Evaluation_Criteria.docx

RFP-CMS-2015-8A-NSTP

Attachment J.2-A: TO 0002 Proposal Instructions and Evaluation Criteria Task Order 0002 Audio Visual Contract

PROPOSAL INSTRUCTIONS

Questions:

All questions concerning this Task Order Request for Proposal (TORP) shall be submitted electronically to Jeannine Bohlen, Contract Specialist, via e-mail to Jeannine.Bohlen@cms.hhs.gov no later than 2:00 p.m. EST May 6, 2015 in order for responses to all reasonable questions to be conveyed in a timely manner.

Questions shall be submitted in the following format (Do not use any elaborate features such as indexing, tables, columns, etc.) (See Attachment J.10).

Note: Please provide a separate Attachment J.10 document for each proposal (IDIQ, Task Order 0001, Task Order 0002, or Task Order 0003, etc.) for any questions submitted.

Submission of Questions shall include at a minimum: Company Name, Address, Point of Contact and Phone Number and for questions submitted. The Offeror shall provide:

1. SOW section number or solicitation section being referenced;

2. Title of the SOW or solicitation section; and

3. Complete description of the question

Proposal Due Date:

The proposal shall be organized (e.g. Indexed) to clearly identify the files on each Compact Disk (CD). All PDF files sent electronically and included on the CD shall contain bookmarks indicating each indexed section. Offerors must submit one (1) original hard copy and five (5) electronic copies on CDs for both the technical and business proposals (Volumes I and II). The Offeror shall submit one (1) original hard copy and (3) electronic copies on CDs for the Conflict of Interest (Volume III). Each electronic copy will be on an individual CD (i.e., 3 electronic copies equals 3 CDs).

Proposals shall be mailed or hand-delivered so that they are received by Christina Heller, Contracting Officer, no later than 2:00 p.m. EST on May 20, 2015.

The following address information is provided:

NOTE: Please be advised that CMS Security Guards will not accept proposals for CMS staff. If you are hand delivering your proposal, please contact Christina Heller at Christina.Heller@cms.hhs.gov at least 24-hours in advance of your anticipated delivery date. Proposal delivery must be made to the exact location stated in this solicitation on or before the date and time specified. The proposal is not considered to be delivered until it is in the hands of the CO.

Proposals delivered by a mail carrier service other than the U.S. Postal Service or Federal Express are not accepted in the CMS mailroom and, therefore, Offerors’ proposals may not be delivered timely to the location and person specified in this solicitation. Offerors are advised to take that possibility into consideration in determining when and how a proposal must be received at the specified location to meet the date and time requirements. Offerors are also advised to make sure that the proposal CDs are clearly marked as to:

Binding and Labeling – All hard copy proposals shall be in locking 3 ring binders. A binder cover sheet shall be affixed to each volume, which clearly identifies each volume, volume number, copy number (i.e., copy 2 of 4), the solicitation identification, and Offeror’s name. The original of Volumes shall be marked ORIGINAL and all other copies shall be marked COPY.

Indexing - TAB indexing shall be used to identify all sections listed in Section L.13. Each volume shall be organized such that an extensive search of required documents is not necessary to review the proposal.

Page Size, Typing, Spacing and Page Numbering - page size shall be 8 ½ by 11 inches. Fold-outs will count as two pages. All pages in the proposal shall be numbered. Submit proposals, to the extent possible, on high grade white paper that can be recycled. Type size shall not be less than 12 point. Margins shall be no less than 1". Graphs and tables shall be no less than 10 point font and single spaced. The CO, at his/her discretion, shall have the authority to waive minor deviations from the above specifications. The number of pages for Volume I (Technical Proposal) is limited to 60 single sided pages or 30 double sided pages. Any pages beyond the maximum allowed for Volume I will not be considered.

The Offeror’s proposal submission shall consist of:

Volume I – Technical Proposal Volume II – Business Proposal Volume III – Conflict of Interest Proposal

Each of the parts shall be separate and complete in itself so the evaluation of one may be accomplished independently of evaluation of the other. The technical proposal must not contain reference to price/cost; however, resource information such as data concerning labor hours and categories, subcontracts, etc., may be contained in the technical proposal so that your understanding of the scope of the work may be evaluated.

I. Technical Proposal Format (Volume I)

· Technical Approach

· Past Performance

· Staffing

· Management Plan and Corporate Capacity

The four (4) sections combined shall be no more than sixty (30) single-spaced (one-sided) pages. Type font should be no smaller than Times New Roman 12 point and all page margins must be at least one (1) inch. Substantial technical content must be included in the page limit of the technical proposal and not in the Appendices. The pages may be allocated across sections 1 thru 4 as the offeror may determine. Detailed vitae and project summaries may be included in separate Appendices without page limitations.

A. Technical Approach

Offerors are cautioned that any pages exceeding the 30 page limit will not be reviewed or evaluated. Please note that there are some sections listed below that are not included in the 30 single-sided or 15 double-sided page limit. The following establish the acceptable minimum requirements for the format and content of proposals. The Offeror shall detail the overall technical approach to performing the functions explained in the SOW as it relates to the areas listed below.

Proposals which merely offer to conduct the work in accordance with or to meet the Government’s requirements as set forth in the SOW will not be eligible for award. The proposal must explain the proposed technical approach in conjunction with the project objectives, the tasks to be performed, and the expected outcomes (and/or deliverables).

The Offeror should demonstrate its understanding of and ability to provide instructional development, support and field instructors, website management and maintenance, training support and editorial services. This includes, but is not limited to, instructor facilitation and conference presentations, courseware maintenance, instructional development for both traditional and distance learning, including course management systems (e.g. blackboard), job aid development, streaming services, courseware maintenance, media production, fulfillment services, professional consultation, training needs assessment, gap analysis, training program evaluation, marketing services and procurement of supporting materials including the necessary hardware and software.

Topics to be addressed include the following:

· Understanding of the requirements and goals set forth in the SOW.

· Understanding and compliance with requirements.

· Technical understanding to accomplish each requirement, including subcontracting.

· Demonstrate that appropriate personnel for supervisory, technicians, subcontractors (if any) selected to work on task.

· Demonstrate that system solution will be positioned efficiently to carry out the requirements.

· Extensive knowledge and demonstrable understanding of the logistical support for nation-wide training events.

If the offeror proposes subcontractors for this effort, the proposal should describe the subcontracting approach, including the subcontractor’s past performance and experience in performing activities of similar size and scope, personnel proposed to be used for this effort, availability of proposed personnel, and initiatives taken to identify any potential integrity issues with the subcontractor. The offeror also must show the ability to effectively manage and monitor subcontractors to include consideration for cost efficiency and cost effectiveness of having numerous subcontractors.

B. Past Performance (limited to the past 3 years of past performance)

The Offeror shall demonstrate satisfactory performance on current and completed contracts. For purposes of this section, contracts referenced shall be related to the SOW. Offerors shall submit the following information as part of their proposal for both the Offeror and proposed significant subcontractors (“significant” is defined as those subcontractors who are performing at least 25% of the contract effort). Reference Section L.17 for Past Performance instructions.

CMS utilizes the Contractor Past Performance Retrieval System (CPARS) for recording and storing all CMS Contractor performance evaluations. CMS will access the CPARS for all relevant CMS performance history, if available. However, the Offeror must identify for CMS in its written proposal, which evaluations are being referenced for this solicitation.

Past Performance information will be used for both the responsibility determination and as an evaluation factor against which Offerors’ relative rankings will be compared to assure best value to the Government. Attachment J.6, Past Performance Questionnaire, must be submitted directly by the references listed in your proposal. Attachment J.6 includes a sample cover letter and the questionnaire that should be submitted to each reference. References shall be asked to submit their responses directly to the CO no later than 2:00 p.m. EST May 20, 2015. References other than those identified by the Offeror may be contacted by the Government with the information received used in the evaluation of the Offeror’s past performance. Past performance responses from those individuals/entities may be used in the evaluation of the Offeror’s past performance.

C. Staffing

At a minimum, the following essential staff is required to complete this work:

· Technical Director. Expertise in set-up, operating and programing the Automated Response System (ARS). Experience in set-up, operating, and maintaining audio/visual equipment for training sessions (i.e., LCD projectors, mixers, screen, DVD players, flip charts, variety of microphones visualizer, videotaping, sound system, ARS, powerpoints services, laptop, etc. Experience with state-of-the-art; microphones.

Contractor staff shall include individuals with level of knowledge of:

· Facilitation skills

· Organization skills

· Record keeping skills

· Communication skills

· Interpersonal skills

The Offeror should identify its proposed key personnel to be utilized under the Task Order. Identify the positions that will be assigned to manage performance and supervise the work under this task order. Provide Information that will identify each position’s general qualifications and expected recent experience with similar projects or contracts. The offeror shall include educational background, professional experience, and special qualifications directly related to the Task Order. The information should also state if the key person is an employee of the prime, an employee of a proposed subcontractor, or a consultant; and how they will be integrated organizationally, their proposed responsibilities, and the percentage of time dedicated to the Task Order.

For key personnel:

1. Describe functions and duties with respect to the task order

2. Describe relevant training and experience

3. Specify percent of time in FTE’s to be allocated to this project

4. Provide (in an appendix) a current resume indicating relevant specific experience and education. Resumes shall be a maximum of 2 single sided pages each and will not count against the written proposal page limit.

D. Management Plan and Corporate Capacity

1. Individual TO needs will dictate specific management, quality assurance and staffing plans, but the Offeror shall describe a reasonable approach to spanning all settings of care and domains of care, taking into consideration that individual TO needs will dictate specific management, quality assurance and staffing plans.

2. Discuss how you propose to provide an efficient and effective proposal to maintain communications and coordination with Government representatives to assure maximum effectiveness and minimum interference with Agency operations.

3. Discuss in appropriate detail all lines of authority and communication for the proposed organization.

4. Address the method to be employed for obtaining labor for the potential task orders.

5. Clearly identify and discuss the extent to which work will be accomplished by subcontract, based on the IDIQ SOW. Work to be performed by the subcontractor should include a detailed rationale.

II. Business Proposal Format (No Page Limit, Volume II)

A written business proposal is required for this contract. In order to adequately establish the reasonableness and realism of the proposed cost or price, the offeror shall support their total cost or price with a functional Microsoft Excel spreadsheet breakdown of costs by SOW chapter/task. The Offeror’s initial proposal shall contain the Offeror’s best terms from a cost/price standpoint.

The business proposal should be prepared for the period of performance identified in this TORP. The business proposal must include supporting narrative documenting how the proposed costs were calculated, including underlying assumptions, rationale, and pricing data.

The Offerors shall submit the following information in its written business proposal:

A. Direct Labor: Include all direct labor categories broken out by individuals, to be utilized on the Task Order. For each labor category please show the number of labor hours times hourly labor rate equals resultant total dollar amount by year. Subcontract direct labor shall be shown in the same manner, however, under the subcontract line item. The proposed labor positions must directly track to the Technical Proposal and must be essential to the success of the work. Position titles and salaries should correlate with www.salary.com or other indices; however, adequate documentation to support the rates proposed must accompany the cost proposal(s).

B. Fringe Benefits (as appropriate): The Contractor must provide a copy of the most current indirect cost rate agreement from its cognizant Federal Agency. Please provide the fringe benefit calculations applicable to the Task Order on a separate excel spreadsheet for the prime and all subs that do not have a current indirect cost rate agreement.

C. Subcontracts and Consultants (as appropriate): The Contractor’s proposal shall include supporting documentation regarding the rationale, methodology and basis for how the proposed costs were developed. In addition, the following subcontract information shall be evaluated:

1. The subcontract agreement which includes, at a minimum:

a. The supplies or services to be subcontracted, i.e., SOW;

b. Identification of the type of subcontract to be used;

c. Proposed subcontract price; and,

d. Flow down of appropriate FAR and prime contract clause from prime contractor.

2. Certificate of Current Cost or Pricing Data; as appropriate,

3. Subcontract Negotiation Memorandum reflecting:

a. The principal elements of the subcontract price negotiations;

b. The most significant considerations controlling establishment of initial or revised prices;

c. The reason cost or pricing data were or were not required;

d. The extent, if any, to which the Contractor relied on the subcontractor’s cost or pricing data in determining the price objective and in negotiating the final price;

e. The extent to which it was recognized in the negotiation that the subcontractor’s cost and pricing data were not accurate, complete or current; the action taken by the Contractor and the subcontract; and the effect of any such defective data on the total price negotiated;

f. The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and,

g. A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decision used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

4. Extent to which adequate price competition was obtained, or justification for its absence.

5. Statement as to whether the proposed subcontractor is on the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

6. If a cost type subcontract is being proposed, you must submit a copy of the proposed subcontractors indirect rate agreement and proof of a federally approved accounting system.

Note: All proposed subcontractors shall submit a complete cost proposal in the same format as the Contractor’s cost proposal. Subcontractors may submit their business proposal spreadsheet showing the breakdown of costs to CMS in a separately sealed package.

D. Travel: All travel costs proposed shall be reimbursed on a cost reimbursement basis in accordance with the Federal Travel Regulation (FTR). The Contractor shall consolidate travel costs into one line item. However, a separate excel spreadsheet shall be provided for travel cost breakdown, to include number of trips, mileage, per diem, air fare, miscellaneous expense, etc. The Contractor shall provide a brief explanation of how travel costs are reimbursed to employees within its organization, i.e. per diem allowance versus submitting receipts, etc.

E. Other Direct Costs (ODCs): These include materials, equipment, etc. The Contractor shall consolidate ODCs into one line item. However, a separate excel spreadsheet shall be provided to breakdown ODCs. The schedule shall provide a detailed itemization of each ODC. The Contractor shall also provide rationale for the need for each item of ODC.

F. G&A/Indirect Costs (as appropriate): The Contractor must provide a copy of the most current indirect cost rate agreement from its cognizant Federal Agency. Please provide the G&A/Indirect Costs calculations applicable to the Task Order on a separate excel spreadsheet. You must also provide a detailed breakdown separately for the Prime Offeror and Subcontractors if the proposed prime or sub does not have a current indirect cost rate agreement.

G. Leave (as appropriate): The Contractor must provide a copy of the most current indirect cost rate agreement from its cognizant Federal Agency. Please provide the leave calculations applicable to the Task Order on a on a separate excel spreadsheet. You must also provide a detailed breakdown separately for the Prime Offeror and Subcontractors if the proposed prime or sub does not have a current indirect cost rate agreement.

H. Fee: The Contractor shall provide the fee along with the relative percentages on the business proposal spreadsheet.

I. Property: It is DHHS policy that Contractors provide all equipment, materials, facilities, etc., necessary for performance of a contract except for those items defined as government furnished property in the Statement of Work.

Offeror’s shall include a statement indicating its’ Representations and Certifications are updated and current in the System for Award Management (SAM), as required in FAR 4.12. The web site for SAM is https://www.SAM.gov.

In addition, Offeror’s are required to include in this section of the proposal a completed Certificate of Current Cost and Pricing Data.

The offeror must stipulate that their proposal is predicated upon all the terms and conditions of this TORP. In addition, it must contain a statement to the effect that it is firm for a period of at least 180 days from the date of receipt by the Government.

Your proposal must indicate whether you have the necessary financial capacity, working capital, and other resources to perform the contract without assistance from any outside source. (If not, indicate the amount required and the anticipated source.);

If the Government proposes awarding a cost type task order, the offeror must provide proof it has a federally approved accounting system as well as a copy of its most recent approved indirect cost rate agreement from its cognizant federal agency. The offeror also must provide the last three years indirect cost rate history for the prime and all proposed subcontractors.

III. Conflict Of Interest Proposal Format (Volume III)

For this Task Order, offerors or contractors must provide any additional information that differs from the IDIQ Organizational Conflict of Interest- Summary List of Contracts, Section L.16 already submitted as part of the IDIQ RFP. If nothing needs to be updated or changed, simply state that under each tab and refer back to your base COI submission.

The Offeror’s or contractor’s conflict of interest disclosure shall be organized as follows:

A. TAB A: Organizational Conflict of Interest – Summary List of Contracts The offerors or Contractors must disclose all contracts, both government (local, state and federal) and non-government currently held with CMS, other government health care agencies, or with non-government entities, as a Prime and/or as a Subcontractor, for itself, its parent company, subsidiaries or other affiliated entities that a prudent business person and/or the Government would view as an actual, apparent or potential conflict of interest with the work to be performed under this task order. If the following information duplicates any of the information from the IDIQ, your response may refer to your proposed response for the base:

a) Identify contract as a Prime, Subcontractor, parent company, subsidiary or other affiliated entity

b) Contract Number

c) Period of Performance

d) Point of Contact (Project Officer and Contracting Officer)

e) Contract Amount

f) Short Description of Work or Service Performed

g) For each contact listed under this category, the offeror or contractor must provide a statement to the effect whether or not the identified entity has an actual, potential or apparent organizational conflict of interest (OCI) for each OCI type: 1) Unequal Access to Information, 2) Biased Ground Rule, and/ or 3) Impaired Objectivity. If an actual, potential or apparent OCI is identified, then the offeror or contractor must submit a mitigation plan.

1)

All proposed subcontractor(s) must disclose to the Prime contractor all contracts, both government (local, state and Federal) and non-government, currently held as Prime and/or as a Subcontractor, at the same level of detail required under (a) through (g) as stated above.

Sample Disclosure Format for TAB A

*If answer in block (g) is “yes”, see TAB A paragraph (g) for instructions (i.e., mitigation plan).

B. TAB B: Conflict of Interest – Program Information Detail In order to be eligible for award of a Task Order, the Government must ensure that an offeror or contractor is free, to the greatest extent possible, of all conflicts of interest. Therefore, the offeror or contractor is required to submit the disclosure of information contained in Section H.2.d.1 (a) through H.2.d.1 (i), in order to be considered for award. Failure to submit the required Conflict of Interest Certificate information may deem an offeror’s or contractor’s proposal to be non-responsive to the solicitation.

Examples of methods an offeror or contractor may use to mitigate conflicts of interest, including conflicts created as a result of the financial relationships of officers, directors and managers within the organization are provided below. The examples are not intended to be an exhaustive list of all the possible methods to mitigate conflicts of interest. Further, the Contracting Officer is not obligated to approve a mitigation method that uses one or more of these examples. An offeror’s or contractor’s method of mitigating conflicts of interest will be evaluated on a case-by-case basis during the proposal evaluation process.

· Divestiture of the financial relationship the organization or individual has in another organization;

· If shared responsibilities create the conflict, a plan, included in the Conflicts of Interest Certificate, to separate or create firewalls between lines of business and management or critical staff from work on the contract; or

· If the conflict exists because of an individual’s indirect interest, recusal of the individual on decisions related to the indirect interest, divestiture of the interest or removal of the individual from the work under the contract.

C. TAB C: Compliance Program Attestation

In order to be eligible for award of a Task Order, the offeror or contractor must have in place a compliance program that is acceptable to CMS. The compliance program shall cover the IDIQ SOW. The offeror or contractor shall submit a Compliance Program Attestation at the time of the proposal in the format specified by CMS. See Attachment J.7.

As required in the IDIQ award, Section L.16, the offeror or contractor must have in place a compliance program that is acceptable to CMS. The documentation required under the IDIQ award will be evaluated at the IDIQ level; however, the acceptability of the compliance program applies to this Task Order.

As stated in the IDIQ, failure to submit the required documentation may deem the offeror’s proposal to be non-responsive to this solicitation. For additional guidance, offerors may reference the compliance guidance located at:

http://www.cms.gov/Medicare/Medicare-Contracting/Medicare-Administrative-Contractors/Downloads/compliance.pdf D. TAB D: Contract Integrity/Misconduct The acceptability of CMS’s review of all available information relating to administrative misconduct, under Section L.16 of the IDIQ, including review of any and all available information relating to integrity violations, and contractual or administrative misconduct applies to this Task Order.

IV. Task Order Type

The Government proposes awarding a single Firm Fixed Price (FFP) type Task Order. However, the Government reserves the right to negotiate a different Task Order pricing arrangement.

V. Period of Performance

The period of performance for this Task Order has a base period of twelve (12) months from date of Task Order award with four (4) twelve (12) month option periods.

EVALUATION CRITERIA

The evaluation procedures for review of Task Orders under the IDIQ shall be in accordance with FAR Subpart 16.505 and in particular 16.506(b), “Fair opportunity for consideration”. CMS reserves the right to award based upon initial proposals. The Government will be assessing the proposals by using adjectival ratings.

The non-cost evaluation factors are approximately equal in importance to each other, with the exception of Technical Approach which is of the highest importance.

As the degree of technical equality increases between proposals, cost/price will become more important.

The following criteria will be used in the evaluation of the technical portion of the proposal:

I. Technical Proposal Evaluation

The following technical evaluation criteria will be applied to the technical evaluation of each proposal. The Government will evaluate the factors listed below based on the Offeror’s written technical proposal.

A. Technical Approach

The Offeror shall make a clear and concise presentation of the technical approach chosen for the proposed Task Order. This approach should demonstrate an understanding of all aspects of the requirement. The Offeror should provide sufficient detail in the proposal to indicate a technical understanding of, and capability for, performing all aspects of the SOW.

The proposal will be evaluated on the ability to complete the work outlined in the SOW and the following:

· Understanding of the requirements and goals set forth in the SOW.

· Understanding and compliance with requirements.

· Technical understanding to accomplish each requirement, including subcontracting.

· Demonstrate that appropriate personnel for supervisory, technicians, subcontractors (if any) selected to work on task.

· Demonstrate that system solution will be positioned efficiently to carry out the requirements.

· Extensive knowledge and demonstrable understanding of the logistical support for nation-wide training events.

B. Past Performance

CMS will evaluate the Offeror’s and proposed significant subcontractor(s) past performance information (See submission for definitions of relevant and significant subcontractor in Section L.17), which is expected to demonstrate the likelihood that the prospective contract will be performed successfully.

The CO reserves the right to limit its review of past performance information to what he/she has been determined to be relevant. The Offeror is advised that the Contracting Officer, using sound business judgment, may consider Federal contract past performance to be more relevant than State Agencies, Local Government or Commercial Customer performance assessments.

In the case of an Offeror without a record of relevant past performance, or for which information on past performance is not available, the Offeror’s Past Performance may not be evaluated favorably or unfavorably.

C. Staffing

The Offeror should identify its proposed key personnel and essential staff to be utilized under the proposed Task Order; including educational background, professional experience, and special qualifications directly related to the Task Order. The information should also state if the key personnel and essential staff is an employee of the prime, an employee of a proposed subcontractor, or a consultant; and clearly describe how they will be integrated organizationally, their proposed responsibilities, and the percentage of time dedicated to the Task Order.

The evaluation of personnel shall consider staffing who are competent and experienced in the skills required in the SOW. The caliber of staffing shall be based upon the individual’s past performance on similar efforts, academic qualifications, and relevant training. This evaluation shall also consider any proposed subcontractors and their experiences.

The submission of resumes of all key personnel and essential staff shall show a relevancy and depth of their general experience. Resumes shall be maximum of two (2) pages single-sided (resumes are not counted against the page limitation).

D. Management Plan and Corporate Capacity

The evaluation will assess the Offeror’s understanding of the Task Order requirements and ability to demonstrate that the Offeror has a plan for completing these requirements in a timely and high quality manner as proposed in the work plan.

The Offeror provides the following critical documentation:

· Appropriate level of staff with expertise and credentials to support the needs of CMS and the greatest level of quality performance will be provided under the contract

Other criteria relative to the Management Plan and project timeline include:

· Does the Offeror have a justifiable and appropriate work plan that supports the needs of CMS and HHS?

· Do the proposed timelines communicate and take into account (relative to both effort and budget) adequate time for CMS advance review and clearance, legislative review and clearance and other key milestones?

· Does the Offeror provide a comprehensive plan for management of the contract’s resources and coordinating with the COR, including primary points of contact, regular status updates, and updating the work plan regularly?

II. Business Proposal Evaluation

The business proposal will not be point scored. CMS will evaluate the Business Proposal to assess CMS' level of confidence in the Offeror's ability to deliver efficient, risk free performance at a fair and reasonable price through a price analysis. CMS will evaluate proposed price in this procurement by evaluating the price of this Task Order’s business proposals. Price is not the most important evaluation factor. However, as the degree of the equality of the non-price factors increase then price may be the determining factor. Further, after evaluation of the other factors price may be the deciding factor for selection, depending upon whether a highly evaluated technical proposal warrants the evaluated price differential. Award will be made using price-technical tradeoffs and will be made to the Offeror whose proposal represents the best value. CMS will conduct a price analysis in accordance with FAR 15.404-1(b) on the business proposal for this Task Order.

III. Conflict of Interest and Compliance Program Evaluation

Conflict of Interest Certificates will be reviewed in accordance with contract section H.2 and Section L.16 of the IDIQ. The Government will review the offeror’s Conflict of Interest (COI) submission of information required in Section H.2 and Section L.16 of the IDIQ and make a determination if the offeror meets the COI requirements. CMS will not enter into a Task Order contract with an entity that CMS determines has, or has the potential for, an unresolved organizational conflict of interest unless CMS determines that the risk can be sufficiently mitigated. If the offeror’s proposal is determined to be in the Competitive Range and if the Contracting Officer determines a COI exists, the offeror will be informed of the conflict and be provided an opportunity to submit clarifications before the final best value determination is made. Failure to submit the required Conflict of Interest Certificates will determine the offeror to be non-responsive to the solicitation requirements and therefore, ineligible for award of the Task Order.

OCI Responsibility determinations will be made in accordance with FAR PART 9.

· Compliance Program

The offeror’s proposal will be evaluated to determine the degree to which its compliance program incorporates the elements, personnel, processes and procedures it intends to utilize to ensure that all Federal, State, local laws and regulations and all terms and conditions of the contract are observed by the offeror and any of the offeror’s business associate(s) or subcontractor(s) of the offeror.

· Contractor Integrity/Misconduct

CMS shall review the offeror’s proposal to determine the relevance and severity of any misconduct and/or integrity identified.